PENTICTON & DISTRICT MANUFACTURED HOME OWNERS ASSOCIATION
P.O. Box 22020, Penticton, BC V2A 8L1
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This next item shows that hope is in sight for change for the better.
THE CONTRACT OF PURCHASE AND SALE OF A MANUFACTURED HOME ON A RENTAL PAD
One of the Park Reps, who was helping a neighbour in the Pleasant Valley MHP with the sale of her home, reported that when they went down to the Re/Max office to complete the sale forms they got a welcome surprise. The Contract of Purchase and Sale of a Manufactured Home on a Rental Pad, Form BC2017 Jan09, on page 3 had a Section 5 and 9 that dealt with the assignment of the Pad Location and the Pad Tenancy Agreement. The section read as follows:
5. PARK OWNER'S CONSENT: Where the Park Owner's consent is required, the Seller shall, within five (5) days of acceptance of this offer, prepare, and within two (2) days of the "Seller providing the form, the Seller and Buyer will sign a request for the consent of the Park Owner to the assignment of the Pad Location and the Pad Tenancy Agreement from the Seller to the Buyer using the government approved form for this purpose (the "Consent Request"), the Seller will deliver the Consent Request to the Park Owner, both parties shall promptly provide such information as the Park Owner may properly request for this purpose. The consent of the Park Owner is a true condition precedent and if the Park Owner does not provide consent on or before __________,yr. ________ , this contract shall become void and the deposit shall be returned to the Buyer unless the parties agree otherwise.
9. INCLUDED ITEMS: The Purchase Price includes assignment of the Pad Tenancy Agreement and the following ("Included Items"): all outbuildings, being any garage/carport, shed, lean-to, patio, entrance way and similar structures located on the Pad location, UNLESS listed in "Excluding" below, and all improvements to the Unit and outbuildings, fixtures, appurtenances and attachments thereto, and all blinds, awnings, screen doors and windows, curtain rods, tracks and valances, fixed mirrors, fixed carpeting, electric, plumbing, heating and air conditioning fixtures and all appurtenances and attachments thereto as viewed by the Buyer at the date of inspection INCLUDING:
Keep in mind, if you are assigning your Pad Tenancy Agreement which includes your rent at its present rate, that it is still necessary to complete the government issued form called Request for Consent to Assign a Manufactured Home Site Tenancy Agreement, Form RTB-10. The Seller fills out Section A to E, and the Purchaser fills out Section F. You then serve the completed form on the Park Owner giving him sufficient time before the date of the assignment. The Park Owner completes Section G and has 10 days to complete the request form and return it to the Seller. If the Home Owner does not receive the request form by the 10th day after the date the Park Owner received (or was deemed to have received) it, then the consent to the assignment will be conclusively deemed to have been given.
It would appear then that the BC Realty Association & BC Bar Association have listened to reason and brought this new Contract of Purchase and Sale of a Manufactured Home on a Rental Pad form into being which should result in them now being used throughout the Province. As someone else on our Association executive has said, "There is no longer any reason for realtors like Re/Max to not ensure that Buyers are aware of their option to assume the Seller's lease and pad rent".
So the word needs to be spread fast because this change almost guarantees more successful sales. It is a selling point that is to the benefit of the Seller, the Buyer and the realtors on both sides of the sale.
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